CSPG Seminar: Regulating Lobbying in Canada.

AuthorStos, Will
PositionCanadian Study of Parliament Group

Lobbying is a legitimate activity within a democratic society. But lobbyists, like politicians, are quite aware that their profession is not always held in high regard by the general population. As one consultant lobbyist joked during her presentation at a recent seminar of the Canadian Study of Parliament Group, "I am the root of all evil." A recent Canadian Study of Parliament Group seminar explored attitudes toward lobbying in Canada, explained how lobbying legislation and regulations have influenced its development since the 1980s, and asked whether the current system is effective. A final panel of lobbyists discussed how their job is often misunderstood and why their much-maligned reputation is based on outdated notions of influence-peddling and the unethical actions of a few practitioners.

Regulation of Lobbying in Canada

In the first panel of the day, Francois Bertrand, Director of Registration for the Commissioner of Lobbying, explained how the Commissioner's role is to enforce the federal Lobbying Act so that Canadians can have confidence in their government and know that lobbying is done in a transparent way with high ethical standards. The Lobbying Act has been in place since 1989. All lobbyists must report interactions with designated public office holders (all federal decision makers/senior officials) each month. These designated public office holders are banned from lobbying for five years after leaving office. Information filed by lobbyists must include: who is being lobbied, which department, which legislation, the subject of talks, etc. Since 2015, there has been a new Lobbying Code of Conduct. It looks more at conflict of interest and appearance of conflict of interest with a focus on gifts to designated office holders. Would a gift appear to demand an obligation on the part of a designated public office?

In terms of compliance with the Act, the onus is on the lobbyist. When the Commissioner is deciding on an investigation, she considers the degree of the breach and if she believes an offence has occurred, she must report her findings to the police. To date, four individuals have been convicted of being in breach of the Act. Bertrand concluded by noting that the Lobbying Act requires extensive information that is public to ensure transparency is at the forefront of these activities.

Jean-Francois Routhier, the Commissaire au lobbyisme du Quebec, noted there are many similarities between Quebec's Act and the federal Act. Once again, there is a focus on transparency that includes three tools and one Commissioner: The Lobbying Transparency and Ethics Act, the Registry of Lobbyists, the Lobbyists' Code of Conduct, and the Lobbyists Commissioner.

Quebec's Act, adopted unanimously in 2002, is founded on two principles: the legitimacy of lobbying, and the right of the public to know who is trying to influence a public office holder. Furthermore, there are two objectives: transparency and properly conducted lobbying activities. Finally, there is one expected outcome: citizens trust public institutions.

Routhier stated that the Act implements fundamental rights and freedoms, including: freedom of expression, the right to information, the right to vote, and the principle of responsible government. This legislation is an important tool for three groups: lobbyists (so they can do their work with full legitimacy and have their work recognized as legitimate), public office holders (as a risk management tool that protects them), and citizens (because it provides transparency and trust).

The Act defines lobbying as any...

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